+91-8069099774
On Wednesday High court has quashed de-licensing orders of Ambience residential complex thus giving a relief and good news to the group. Haryana assembly passed the bill to amend and validate the act , Haryana Development and Regulation of Urban Areas (HDRUA) Act. This is a special relief given to the developers of Gurugram as de-licensing will help many developers including Ambience Mall, a Gurugram based property details. Town and Country Planning Department (TCP) on October 18, 2001 and September 1 , 2010 was given orders by Punjab and Haryana high court had in July to de-license and cancel 8 acres and 3.9 acres out of 18.98 acres which was approved for constructing Ambience Lagoon Island residential complex. The de-licensed land was then permitted by the department for raising a commercial complex, the Ambience Mall.
De-licensing means deprive of a license and due to this future projects cannot be taken by a company. This de licensing has caused very worse impact on the company’s reputation and also criminal case was also registered for this matter. Reporters have also said that there were 54 similar cases of de-licensing were also detected by the department after the HC ruling.
‘De-licensing – considered to be wrong’
The HC, however, had termed the term de-licensing a misnomer in the context of the Act . The HC bench said that “This Act by referring to clause 21 of the General Clauses Act that power to grant a license also contains implied power to de-license as well. We, however, find the argument bereft of any merit or logic.” The authorities had ignored the statutory provisions and acted more rapidly because the order of granting permission on eight acres to build a commercial complex was passed on October 16, 2001, two days before the order to de-license the same area was passed (October 18).
Validation work-
The validation clause passed by the assembly said that notwithstanding any judgment, decree or order of any court or tribunal or any authority, any action taken or orders issued, things done or purporting to have been taken or done by the director, before the commencement of the HDRUA (Amendment and Validation) Act, 2020, will be deemed to be valid and effective as if such action, approval, orders were issued or action taken in accordance with its provisions. The intersection of new clause section 3 (a) in the Act was approved which gave power to add to, amend, vary, suspend, withdraw or rescind, licence or notification, order, rule or direction or to de-license.
The reasons behind amendment was to clarify certain provisions of the HDRUA by drawing upon the laid-down law in section 21 of the General Clauses Act and section 20 of Punjab General Clauses Act and to validate various actions that has been taken by the department so that there is no conflicts and no clash between any of the judicial pronouncements.
This decision has finally given very much relief to many builders and specially to Ambience residential complex.
Source: https://www.hindustantimes.com/chandigarh/haryana-assembly-passes-bill-to-validate-land-de-licensing/story-L6CsvanviDwuDcbMrGaoxM.html
Recent Comments